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Resolution Number 83-11-15-3175 RESOLUTION NO. 83-11-15-3 TENTATIVE PARCEL MAP 83-862 (DAVIS DEVELOPMENTS A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN JUAN CAPISTRANO, CALIFORNIA, APPROVING TENTATIVE PARCEL MAP 83-862 (DAVIS DEVELOPMENTS) WHEREAS, the applicant, Davis Developments, 1400 Bristol Street North, Suite 245, Newport Beach, California, has submitted Tentative Parcel Map 83-862, proposing to subdivide approximately 10.6 acres of land into 11 commercial/industrial lots and 6 lettered lots for common access, landscaping and parking, located on Assessor's Parcel Nos. 121-254-06 and 121-254-07; and, WHEREAS, the City's Environmental Review Board has determined that the proposed project will have a significant effect on the environment, has required the preparation of a Focus Environmental Impact Report, which report has been certified as final by the City Council, and has otherwise carried out all requirements of the California Environmental Quality Act; and, WHEREAS, the City Planning Commission has forwarded the parcel map to the City Council recommending approval; and, WHEREAS, a public hearing has been duly advertised and held to review and receive public testimony on the application; and, WHEREAS, the City Council of the City of San Juan Capistrano finds and determines as follows: 1. The proposed project, as conditioned, and its design and improvements are consistent with the 4.1 Quasi -Industrial designation on the General Plan Map and are otherwise consistent with all other Elements of the General Plan. 2. The proposed project, as conditioned, conforms to all applicable requirements of Title 9 of the City's Municipal Code (Land Use) and is consistent with the approved concept plan per Rezone 83-2. 3. The project site is physically suitable for the type and density of the proposed development. 4. The design and improvements of the proposed project will not cause substantial environmental damage; nor will said design or improvements avoidably injure wildlife or their habitat. 5. The design or improvements of the proposed project will not cause serious public health problems. -1- 177 6. The design or improvements of the proposed project will not conflict with easements acquired by the public at large for access through or use of property within the proposed project. The design or improvements of the proposed project will not interfere with the maintenance or preservation of an historical site. NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of San Juan Capistrano does hereby approve Tentative Parcel Map 83-862, subject to the following conditions: 1. CC&Rs: A set of conditions, covenants and restrictions (CC&Rs) shall be prepared and implemented for the project. The CC&Rs shall include at a minimum: (a) Provisions on the use and maintenance, by a property owners association, of all common areas, including landscaping, streets, and parking lots. (b) The prohibition of radio or television antennas projecting above any roof eaves (pursuant to Section 9-3.609 of the Municipal Code). The CC&Rs shall be approved by the City Attorney prior to approval of a final map. 2. Landscape and Wall Plans: Landscape, street tree, and fence/wall plans shall be prepared and implemented for the entire project. Landscaping, street tree, and fence/wall plans shall be approved by the Director of Community Planning and Development. 3. Landsca ing Installation: Landscaping shall be installed as follows: (a) Erosion control landscaping for all manufactured slopes shall be installed immediately after the certification of rough grading by the City. (b) Street trees and all other non -erosion - control landscaping shall be installed in accordance with a landscape phasing plan approved by the Director of Community Planning and Development. No final building inspection shall be conducted for any building until all landscaping has been installed and approved by the Department of Community Planning and Development. -2- 1'x"7 4. Landscape Maintenance and Maintenance Easements: The developer shall be responsible for adequately installing and maintaining all landscaping until such maintenance may be assumed by the property owners association. 5. Street Names: Street names shall be approved by the Director of Community Planning and Development prior to approval of a final map. 6. Vehicular Access Rights: Vehicular access rights to Camino Capistrano/Doheny Park Road shall be released and relinquished to the City except at street access points approved as a part of Architectural Control 83-1. 7. Public Streets: The following public streets shall be designed, constructed, and dedicated along the project frontage, however including transitions where necessary, in accordance with Section 9-4.103 of the Municipal Code: (a) Camino Capistrano (b) Doheny Park Road Street improvements for both streets shall also include the installation of a center landscaped median. 8. Private Streets: All private streets shall be designed and constructed in accordance with Section 9-4.103 of the Municipal Code. 9. Access Easement: If the developer acquires the adjacent property to the south, the developer shall improve the joint access road serving the project by June 30, 1985. Improvement plans shall be designed in accordance with the Capistrano Beach Specific Plan and Architectural Control 83-1. 10. Water: Water transmission and distribution facilities shall be designed, constructed, and dedicated in accordance with Section 9-4.109 of the Municipal Code and the requirements of Capistrano Valley Water District. Such distribution facilities and appurtenances shall be approved by the County Fire Marshal. 11. Slopes: All manufactured slopes shall be designed and constructed in accordance with Section 9-3.505 and 9-4.112 of the Municipal Code. All such slopes shall be 2:1 ratio or flatter. -3- 12. Other Improvements: Driveways, pedestrian ways, bikeways, equestrian trails, utility undergrounding, street lights, traffic signals, master planned drainage facilities, and sanitary sewers shall be located and constructed in accordance with Article 9-4.1 (Design Standards and Requirements) of the Municipal Code and adopted City policy. 13. Geotechnical Study: A geotechnical feasibility study shall be completed to determine the seismic safety and soils stability of all proposed grading and development within the project. The report shall be reviewed and approved by the Building Official prior to approval of a final map. 14. Fees: All required fees shall be paid prior to approval of a final map. 15. Traffic Signal: The developer shall enter into an agreement to participate, based on project impact and benefit, in the installation of a traffic signal at the intersection of Camino Capistrano/Doheny Park Road. In no event shall the developer be required to participate in more than 25% of the signal cost. PASSED, APPROVED AND ADOPTED this 15th day of November, 1983, by the following vote, to wit: ATTEST: AYES: Councilmen Friess, Hausdorfer, Buchheim, Schwartze and Mayor Bland NOES: None ABSENT: None RM /W -4- 179 STATE OF CALIFORNIA ) COUNTY OF ORANGE ) ss. CITY OF SAN JUAN CAPISTRANO } I, MARY ANN HANOVER, City Clerk of the City of San Juan Capistrano, California, DO HEREBY CERTIFY that the foregoing is a true and correct copy of Resolution No. 83-11-15-3, adopted by the City Council of the City of San Juan Capistrano, California, at a regular meeting thereof held on the 15th day of November, 1983. (SEAL) 2 / (&- �H_ MARY ANNXANOVE , CITY CLERK STATE OF CALIFORNIA COUNTY OF ORANGE ) ss. AFFIDAVIT OF POSTING CITY OF SAN JUAN CAPISTRANO ) MARY ANN HANOVER, being first duly sworn, deposes and says: That she is the duly appointed and qualified City Clerk of the City of San Juan Capistrano; That in compliance with State laws of the State of California and in further compliance with City Resolution No. 79-2-21-7 and on the 22nd day of November, 1983, she caused to be posted: RESOLUTION NO. 83-11-15-3 being: TENTATIVE PARCEL MAP 83-862 (DAVIS DEVELOPMENTS) A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN JUAN CAPISTRANO, CALIFORNIA, APPROVING TENTATIVE PARCEL MAP 83-862 (DAVIS DEVELOPMENTS) in three (3) public places in the City of San Juan Capistrano, to wit: The Administration Building; The San Juan Hot Springs Dance Hall; The Orange County Public Library. -5- MARY ANN,XNOVER, CITY CLERK San Juan apistrano, California -5-